Contents of Administrative procedures - Department of Industrial and Trade

Procedure Issuing, re-issuing, amending, supplementing, extending representative office establishment permit of foreign businesses in Ha Noi.
Process

- Organizations/ Citizens:


+ Preparing dossier.


+ Submitting the dossier at the One-Stop-Shop (OSS): No. 331, Cau Giay Street, Cau Giay District, Ha Noi.


+ Receiving receipt with appointment of result return.


+ Receiving request for supplementing dossier (if any).


+ Paying fees (if any), receiving the result.


- The Ha Noi Department of Industry and Trade


+ The OSS guides organization/citizen how to implement Administrative Documents in accordance with the regulations, writes receipt with appointment of result return.


+ The dossier is processed in accordance with the regulations.


+ Returning the result.

Where to submit Submit at the Headquarter of the Ha Noi Department of Industry and Trade, No. 331, Cau Giay Street, Cau Giay District, Ha Noi.
Contents and number of the dossier

a. Contents of the dossier:


a.1. Issue representative office establishment permit


- An application for issuing representative office establishment permit (form attached);


- A copy of Certificate of Business Registration or Establishment Permit of foreign business;


- Audited financial report or alternative documents confirming situation of observing tax obligations in the most recent fiscal year issued by the competent authority where the foreign enterprise established or issued and confirmed by independent competent organization to prove the existence and actual performance of foreigner business in the most recent fiscal year;


- A copy of operation regulation of foreign business (if any);


- A copy of passport or identity card of the Head of representative office enclosed with the original for comparison;


- A copy of lease contract of representative office together with the original for comparison;

 

Enterprises must take responsibility for the accuracy and truthfulness of the dossier;

Number of dossier: one (01) set


* All documents related to the dossier of Representative offices/branches issued or verified by foreign competent authority as stipulated in Decree No. 72/2006/ND-CP and the guidance in Circular No.11/2006 / TT-BTM should be consularly legalized in accordance with Viet Nam’s laws and translated into Vietnamese, translation and copies must be notarized in accordance with Viet Nam’s laws.


a.2) Adjusting, re-issuing, amending, supplementing, extending licenses for establishment of representative office.


a.2.1) Adjusting representative office establishment permit;


- An application for adjusting representative office establishment permit (file attached);


- An original representative office establishment permit;


- Documents evidencing the outgoing head of representative office to fulfill their tax and finance obligations to the State of Viet Nam (In case of changing head office);


- Copies of passports, visas (for foreigners) or passport or identity card (for Vietnamese) of the head of representative office who soon succeeds (in case of changing head office) enclosed with the original for comparison;


- Copies of legal documents evidencing the change of location of foreign business in the country where the business was established (in case of changing headquarters of parent company);


- A copy of lease contract of representative office enclosed with the original for comparison;


- Enterprises must take responsibility for the accuracy and truthfulness of the dossier;


Number of dossier: one (01) set


a.2.2) Re-issuing representative office establishment permit


- An application for re-issuing representative office establishment permit (file attached);


- The original of representative office establishment permit (In case name or registered location of establishment of foreign trader is changed from one country to another; operation field is changed, or license is torn.);


- A copy of the representative office establishment permit enclosed with the original for comparison (In case location of representative office is changed from one province/centrally-governed city to another, or license is lost or destroyed);


- Confirmation of agency issuing License on deleting registration of representative office at the former locality (In case location of representative office is changed from one province/centrally-governed city to another);


- Copy of new Office Lease Contract enclosed with the original for comparison (In case location of representative office is changed from one province/centrally-governed city to another);

- Copy of Business Registration Certificate or equivalent documents of foreign trader (In case name or location of establishment of foreign trader is changed from one country to another; the operation fields are changed.);

 

Enterprises must take responsibility for the accuracy and truthfulness of the dossier.


- Number of dossier: one (01) set


* All documents related to the dossier of Representative offices/branches issued or verified by foreign competent authority as stipulated in Decree No. 72/2006/ND-CP and the guidance in Circular No.11/2006 / TT-BTM should be consularly legalized in accordance with Viet Nam’s laws and translated into Vietnamese, translation and copies must be notarized in accordance with Viet Nam’s laws.


a.2.3) Extending representative office establishment permit


- An application for extending representative office establishment permit (file attached);


- The original of License for establishment of representative office;


- An audited financial report or alternative papers confirming situation of observing tax obligations in most recent fiscal year issued by the competent authority where the foreign enterprise established or issued or certified by independent competent organization to prove the existence and actual performance of foreigner business in most recent fiscal years;


- A report on operation of the representative office since establishment to the date of application for extension (in case of application for extension after the first time, Representative office shall report their operation since extension of license of the nearest point);


Enterprises must take responsibility for the accuracy and truthfulness of the dossier;

Number of dossier: one (01) set

* All documents related to the dossier of Representative offices/branches issued or verified by foreign competent authority as stipulated in Decree No. 72/2006/ND-CP and the guidance in Circular No.11/2006 / TT-BTM should be consularly legalized in accordance with Viet Nam’s laws and translated into Vietnamese, translation and copies must be notarized in accordance with Viet Nam’s laws.


a.2.4.) Extending and amending representative office establishment permit


- An application for amending and extending representative office establishment permit (file attached);


- The original of representative office establishment permit;


- An audited financial report or alternative papers confirming situation of observing tax obligations in most recent fiscal year issued by the competent authority where the foreign enterprise established or certified by independent competent organization to prove the existence and actual performance of foreigner business in most recent fiscal years;


- A report on operation of the representative office since its establishment to the date of application for extension (in case of application for extension after the first time, Representative office shall report their operation since the latest extension of license);


- Document evidencing the outgoing head of representative office to fulfill his/her tax and finance obligations to the State of Viet Nam (In case of extending and changing head of the office);


- Copies of passport, visa (for foreigners) or passport or identity card (for Vietnamese) of the successor (in case of extending and changing head office) enclosed with the original for comparison;


- Copies of legal documents evidencing the change of location of foreign business in the country where business established (In case of extending and changing representative office within a province/centrally-governed city);


- Copy of new lease contract of representative office enclosed with the original for comparison (In case of extending and changing representative office in a province/centrally-governed city);


Enterprises must take responsibility for the accuracy and truthfulness of the dossier.

 

Number of dossier: one (01) set

 

* All documents related to the dossier of Representative offices/branches issued or verified by foreign competent authority as stipulated in Decree No. 72/2006/ND-CP and the guidance in Circular No.11/2006 / TT-BTM should be consularly legalized in accordance with Viet Nam’s laws and translated into Vietnamese, translation and copies must be notarized in accordance with Viet Nam’s laws.

Processing duration Within seven (7) working days after receiving the complete and valid dossier.
Objects Organizations/citizens
Competent agency Department of Industrial and Trade
Outcome Permit
Fee VND 3,000,000 VND/one license for establishment of representative office. In case of amending, re-issuing, supplementing, extending license for establishment of representative office of foreign business in Ha Noi: VND 1,500,000.
Form/Declaration

- An application for issuing representative office establishment permit.


- An application for adjusting representative office establishment permit.


- An application for re-issuing representative office establishment permit.


- An application for extending representative office establishment permit.


- An application for amending and extending representative office establishment permit.

Other requirements None
Legal basis

- Commercial Law No. 36/2005/QH11 passed by National Assembly on June 14, 2005.
- Decision No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Commercial Law regarding Viet Nam-based representative offices and branches of foreign businesses;
- Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplification of administrative procedures under the management of the Ministry of Industry and Trade;
- Circular No.11/2006/TT-BTM dated September 28, 2006 of the Ministry of Trade (Now called Ministry of Industry and Trade) guiding the implementation of the Government's Decree No.72/2006/ND-CP dated July 25, 2006.
- Circular No. 133/2012/TT-BTC dated October 1, 2012 of the Ministry of Finance guiding the collection of licensing fee for setting up resident representative offices of foreign economic organizations in Viet Nam.
- Decision No. 03/2008/QD-UBND dated August 22, 2008 of the Ha Noi People’s Committee regulating functions, tasks, powers and organizational apparatus of the Ha Noi Department of Industry and Trade.

Administrative procedures

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